Last Updated: Feb 07, 2008
Welcome to Jobbite.com. This Terms of Service (the "TOS") describes the terms on which Jobbite, Inc. ("Jobbite") offers you an account on the Web site located at www.Jobbite.com (the "Site"). These Terms of Service set out the legally binding terms with respect to your use of and our provisions of the Jobbite site and service. Please read these terms carefully. By registering for an account or visiting the site, you agree to be bound by the terms of this agreement and any future modifications. All uses of your account are governed by this TOS. Jobbite shall not be liable to you for any breach of the terms of this TOS. Please email staff@jobbite.com.if you have any questions about your obligations under this TOS.
If you are under 13, Jobbite may not receive Content from you; please do not post to the Site. By posting Content on the Site, you represent that you are 13 years of age or older.
1. Changes To Terms Of Service.
You understand and agree that these TOS may be amended or modified at any time without prior notice. Notice of any revision, amendment or modification of the TOS will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Your continued use of the Jobbstop Service after any modifications indicates your acceptance of the modified Terms of Service. Please check this section of the Site before using the Site to determine whether a change has been made to the TOS. If you do not agree to any changes to the TOS, immediately discontinue your use and terminate your registration.
2. Submission Of Content.
a. DEFINITION. Jobbite allows you to provide a review in the form of an opinion about different organizations (an "Opinion"). The Opinion you provide to Jobbite is defined as your "Content." You may submit your content using the form provided on Jobbite.com or by emailing your content to staff@jobbite.com By emailing your content you reserve the right to have it removed in the future. You waive this right if submitted anonymously throught the site. Please view paragraph "C" section 2 for further information.
b. LICENSE. By submitting Content to the Site, you grant to Jobbite a royalty-free, perpetual license to display and reproduce your Content online and offline and permit others (including without limitation, syndication, co-brand and content partners) to do the same. You are free to use your Content offline in any manner you choose. By submitting Content to the Site, you grant to Jobbite (and its sublicensees) the exclusive right to display your Content anywhere online. (For purposes of this section, the word "display" covers all copyright and other intellectual property rights necessary to effectuate the foregoing intent.)
C. REMOVAL OF OPINIONS and CONTENT. If you would like your content removed you must have submitted your content through an email directed to staff@jobbite.com. You must email jobbite from the same email address from which you originally submitted your content. This may change at anytime without notice.
E. USAGE GUIDELINES. You agree not to use the Site to: (a) upload, post, email, or otherwise transmit any Content that is personally identifying information (such as actual names, physical description, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, use may not describe anyone using any sort of personally identifiable language (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law; (j) "stalk" or otherwise harass another; (k) write comments that in refer to person(s) under 18 years of age in an indecent or prurient manner; or (l) collect or store personal data about other users. You acknowledge that Jobbite does not pre-screen or filter user comments, opinions, or general Content, but that Jobbite and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, Jobbite and its designees shall have the right to remove any Content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to the Site. To report alleged violations of the Site please email staff@jobbite.com. You acknowledge and agree that Jobbite may preserve Content and may also disclose Content if required to do so by law or if Jobbite believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Jobbite, it's users or the public.
3. Privacy.
Your acceptance of this TOS indicates your acceptances of the sites current Privacy Policy.
4. Indemnity.
You agree to indemnify, defend and hold harmless Jobbite, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, co-branders or other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) due to or arising out of Content you submit, post to or transmit through the site, your use of the site, or violation of this TOS.
5. No Resale Of The Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
6. Termination.
Jobbite, at its discretion, may remove your content or otherwise refuse service to you at any time for any reason. Jobbite reserves the right to terminate the Site and delete all or some of the content on the Site without notification.
7. Dealings With Advertisers Or Partners.
Jobbite is not responsible for any loss or damage that may arise out of contact or dealings with advertisers or partners found on this site.
8. Information and Links.
Jobbite may link to outside websites. Jobbite is does not vouch for, or make any representations as to the quality, accuracy, suitability, or legality of any of these sites to which links may be provided. You rely on information or anything else from these sites at your own risk. Jobbite is not responsible for any loss that may occur from your use of such sites.
9. No Warranty.
Jobbite provides this Site "as is" and without any warranty or condition, express, implied or statutory. Jobbite and its partners specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Any user or vistor of Jobbite assumes complete responsibilty and risk for use of Jobbite. Jobbite makes no warranty that the site will function properly, be secure, or error free. Any information derived from the Jobbite site will non warrantable.
10. Liability Limits.
Under no circumstance shall Jobbite, shareholders, affiliates, partners or their respective authorized representatives be liable for any lost profits, incidental or consequential damages (arising of any way, including negligence) arising out of or in connection with the Site or this TOS. In no event shall Jobbite be liable to you in an amount greater than $500. Not all states allow the foregoing limitations, so they may not apply to you.
11. Access Limits.
Unless you have express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
12. Governing Law And Arbitration. This TOS is governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. Any controversy or claim arising out of or relating to this TOS or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Travis County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Texas law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Travis County, Texas as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.
13. Entire Terms of Service. This TOS (and any addenda or statements expressly incorporated into this TOS that you enter into) constitute the entire terms, and supersede the provisions of any other terms or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the TOS and an addendum, the provisions of the addendum shall control.
14. General. You shall comply with all laws and regulations applicable to your access and use of the Site and your publication of your Content. If any portion of this TOS is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the TOS shall be given full effect. Jobbite's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Jobbite shall be excused for any failure to perform to the extent that it's performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this TOS. Jobbite may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you. Jobbite's suppliers and co-brand partners are third-party beneficiaries of this TOS. Except as provided in Section 1, this TOS may be amended only by a writing physically signed by both Jobbite and you.
15. Other Disclosures. The Site is provided by Jobbite, Inc., 3800 North Lamar Blvd, Suite 703-106, Austin, Texas 78756.